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ORDINA;;CE NO. 46-79
<br />
<br />REAUI;;U C);{ r. bRY /, 19Y9 AND
<br />SECO~{D READING I.~Y 21, 1979
<br />
<br />BY: McBride, McNally, Salmon,Wendlin.
<br /> Brockman, Brown, Chinnock
<br />
<br /> AN ORDINA~ZCE amending prior Ordinance No. 34-72 granting to Cleveland
<br />Area TV, Inc., an Ohio Corporation, the non-e~clusive right to erect, maintain,
<br />and operate in, under, above, along, across, and upon the streets, lanes, ·
<br />avenues, sidewalks, alleys, bridges, and highways, and other public places ~n
<br />the City of Lakewood, Ohio, and subsequent additions thereto, for the purpose
<br />of transmission and distribution of television signals to enable sale of their
<br />service to the inhabitants of said City, and other purposes, for a'period of
<br />fifteen {15} years, and regulating the same.
<br />
<br /> WHEREAS, ~ursuant to Ordinance No. 34-72, adopted June 19, 1972, this
<br />Council granted a fifteen {15} year non-exclusive franchise to C]eveland Area
<br />TV, Inc. to operate ahd maintain a Community Antenna Television System in the
<br />City of L~kewood, and
<br />
<br /> WHEREAS, under the ruie~ and regulations of the Federal Communications
<br />Commission existing at that time, it was virtually impossible.for the franchise
<br />to perform under the franchise granted, and
<br />
<br /> WHEREAS, recent modification' of the rules and regulations by the
<br />Federal Communications Commission have made it possible for the franchise to
<br />proceed pursuant to the rights granted to it under said franchise, and
<br />
<br /> WHEREAS, the Administration has requested, and the Company 'has agreed,
<br />to amend certain provisions of. the original franchise granted which will offer
<br />more protection to the City and the citizens of ~a~ewood, and
<br /> WHEREAS, this Council wishes to otherwise confirm ratify anJ approve
<br />the original franchise granted;inow, therefore,
<br />
<br />OHIO:
<br />
<br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF
<br />
<br /> Section 1. That Section 4 of Ordinance No. 34-72, adopted O~ne 19,
<br />1972 be supplemented by ~na~ting a new second paragraPh to read as follows:
<br />
<br /> In areas where other public utilities are placed underground,
<br /> Cleveland Area TV., Inc. shall also place its cables underground,
<br /> and such underground installations shall not result in any
<br /> additional charges to ~ubscribers.
<br />
<br /> Section 2. That Section 6 of Ordinance No. 24-72, adqpted 4une ~9,
<br />1972 now reading as follows:
<br />
<br />The Company shall indemnify and hold the City harmless from and
<br />against all claims, demands, actions,-causes of action, costs,
<br />expenses, loss or damage incurred by or asserted against the City,
<br />direclty or indirectly, arising out of or connection with the ·
<br />operations of'the Company within the City, or.{he exercise of any
<br />rights granted herein. The Company shall carry insurance, to
<br />pro~ectthe parties hereto from and against'all claims, demands,
<br />actions, judgments, costs, expenses and liabilities, which may
<br />arise or result, directly or indirectly, from or by reason of
<br />such loss, injury or damage. The amounts of Such insurance
<br />against liability due to physical damages to property shall not-
<br />be less than One Hundred Thousand Dollars ($100,000.00) as to any
<br />one accident and not less than Two Hundred Thousand Dollars
<br />($200,000.00} aggregate in any single policy year; and against
<br />liability due to bodily injury or to death of persons not less
<br />than One Hundred Thousand Dollars {$100,000.00) as to any one
<br />person and not less than Three Hundred Thousand Dollars
<br />
<br />
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